Question 1

The information in a patient's chart may legally be:

Accepted Answer

A release or consent is required to provide information from a patient's chart to anyone not directly caring for that patient. The patient must provide consent to provide information to insurers, lawyers, or other health care agencies or providers. The patient has the right to access the information in his or her chart (copies), but the agency or doctor retains ownership of the document.

Question 2

A patient has signed a do-not-resuscitate (DNR) order. If a nurse performs cardiopulmonary resuscitation (CPR) when the patient stops breathing and then successfully revives the patient, the:

Accepted Answer

A nurse who attempts CPR on a patient who had a doctor's order for a DNR could be found guilty of battery.

Question 3

A patient refuses to take his medications or to eat his breakfast. He is alert, mentally competent, and fairly comfortable. The nurse should:

Accepted Answer

The competent patient has the right to refuse medicine, food, treatments, and procedures. Giving (or threatening to give) medications by injection over the patient's objections is considered battery. Threatening the patient or overriding the patient's wishes is a violation of the patient's bill of rights and constitutes assault or battery.

Question 4

If a nurse is reported to a state board of nursing for repeatedly making medication errors, it is most likely that:

Accepted Answer

The nurse may have his or her license revoked or be required to take a refresher course, but this would be based on the evidence presented at a hearing. The licensing examination is not usually required as a correction of the situation as described.

Question 5

A licensed nurse is liable for charges of malpractice when she:

Accepted Answer

Malpractice is professional negligence or, in this case, doing (falsifying) something the reasonable and prudent nurse would not do. It is the proximate cause of the patient injury. This is a case of causation.

Question 6

A person who has been brought to the emergency room after being struck by a car insists on leaving, although the doctor has advised him to be hospitalized overnight. The nurse caring for this patient should:

Accepted Answer

A person has the right to refuse medical care, and agencies use the Leave AMA to document the medical advice given and the patient's informed choice to leave against that advice.

Question 7

If a patient indicates that he is unsure if he needs the surgery he is scheduled for later that morning, the nurse would best reply:

Accepted Answer

A consent can be withdrawn at any time before the treatment or procedure has been started. The physician should be notified by the supervising nursing staff of the unit.

Question 8

If a nurse receives unwelcome sexual advances from a nursing supervisor, the first step the nurse should take is to:

Accepted Answer

The first step in dealing with sexual harassment in the workplace is to indicate to the person that the actions or conversations are offensive and ask the person to stop. If the actions continue, then reporting the occurrence to the supervisor or the offender's supervisor is indicated.

Question 9

When a student nurse performs a nursing skill, it is expected that the student:

Accepted Answer

Students are not expected to perform skills as quickly or as smoothly as experienced nurses, but students must achieve the same result in a safe manner.

Question 10

An elderly, slightly confused patient sustains an injury from a heating pad that was wrongly applied by the nurse. The nurse should:

Accepted Answer

When an incident occurs that has potential for a future lawsuit, the risk management team should be aware of it as soon as possible. An incident report should be filled out, and the patient chart should be documented to describe the injury. No mention of the incident report is usually made in the patient chart. Honesty and a forthright explanation to the patient reduce the risk of lawsuits.

Question 11

A patient has advance directives spelled out in a durable power of attorney, with the appointment of his daughter as his health care agent. The daughter will be responsible for:

Accepted Answer

A health care agent makes decisions for the patient only when a patient is unable, according to the wishes made known by the patient in advance directives. A health care agent is not responsible for financial decisions or payments.

Question 12

An example of a violation of criminal law by a nurse is:

Accepted Answer

Theft of a controlled substance is a federal crime and consequently a crime against society.

Question 13

A postoperative patient in the intensive care unit (ICU) is so confused and agitated that staff have not been able to safely care for him. He has pulled out his central line once, and he slides to the bottom of the bed, where he attempts to climb out, pulling and disrupting the various tubes and monitors. The nurse's best course of action is to:

Accepted Answer

A protective device may not be used (except in an emergency) without a doctor's order, and it is used only when other less restrictive means do not provide safety for the patient.

Question 14

Nursing liability insurance is a policy purchased and put into effect by the nurse for the purpose of:

Accepted Answer

Nursing liability pays attorney fees and any award won by the plaintiff.

Question 15

During an employment interview, the interviewer asks the nurse applicant about HIV status. The nurse applicant can legally respond:

Accepted Answer

In employment practice, it is illegal to discriminate against people with certain diseases or conditions. Asking a question about health status, especially HIV or AIDS infection, is illegal.

Question 16

A nurse remarks to several people that "Dr. X must be getting senile because she makes so many mistakes." If that remark results in some of Dr. X's patients changing to another doctor, Dr. X would have grounds to sue the nurse for:

Accepted Answer

A person who makes untrue, malicious, or harmful remarks that damage a person's reputation and cause injury (loss of business) is guilty of defamation and slander. Libel is defamation that is written.

Question 17

A nurse co-worker arrives at work 30 minutes late, smelling strongly of alcohol. The fellow nurses' legal course of action is to:

Accepted Answer

Nurses must report the condition. It is a nurse's legal and ethical duty to protect patients from impaired or incompetent workers. Allowing the impaired nurse to sleep enables the impaired nurse to avoid the consequences of his or her actions and to continue the risky behavior. Threatening to report "the next time" continues to place patients at risk, as does masking the signs of impairment with breath mints.

Question 18

A 16-year-old boy is admitted to the emergency room after fracturing his arm from falling off his bike while visiting with his stepfather who is not the custodial parent. The nurse is preparing him to go to the operating room but must obtain a valid informed consent by:

Accepted Answer

The patient is a minor and cannot legally sign his own consent unless he is an emancipated minor; the guardian for this patient is the custodial parent. A step-parent is not a legal guardian for a minor unless the child has been adopted by the step-parent. The hospital does not have the authority to declare the patient an emancipated minor.

Question 19

A student nurse who is not yet licensed:

Accepted Answer

Students may perform nursing actions before they are licensed but only under the supervision of a licensed nurse. The student is responsible for his or her own actions; however, the supervising nurse may also be responsible, depending on the situation. No special permit is required to practice as a student in an approved school of nursing.

Question 20

The LPN (LVN) assigns part of the care for her patients to a nursing assistant. The LPN is legally required to perform which of the following for the residents assigned to the assistant?

Accepted Answer

Toileting, feeding, and transporting residents or patients are tasks that can be legally assigned to a nurse's aide. Administering medications is a nursing act that can be performed only by a licensed nurse or by a student nurse under the supervision of a licensed nurse.

Quiz 3: Legal and Ethical Aspects of Nursing